HomeMy WebLinkAboutMinutes City Council - 12/21/1966MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
December 21, 1966
2:00 p.m.
PRESENT:
Mayor Mclver Furman
Mayor Pro Tem Jack R Blackmon
Commissioners:
Patrick J . Dunne
Dr. P. Jimenez
Ken McDaniel
Ronnie Sizemore
Wm. H. Wallace
City Manager Herbert W. Whitney
City Attorney I . M. Singer
City Secretary T. Ray Kring
Mayor Furman called the meeting to order.
The Invocation was given by Mayor Pro Tem Blackmon in the absence of the invited
Guest Chaplain.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by Jimenez, seconded by Blackmon and passed that the Minutes of the Regular
Council Meeting of December 14, 1966, be approved as furnished to the Council . *
Mayor Furman designated Commissioner Dunne to read a proclamation proclaiming Monday,
December 26,1966 as "FIGHTING IRISH OF NOTRE DAME DAY" in Corpus Christi in recogni-
tion of the Notre Dame Alumni and Knights of Columbus Council No. 1202 Victory Homecoming
Party honoring three local Notre Dame students, Mike Lewis, Phil Kucera and James Whitmire.
Mayor Furman announced the opening of bids.
One bid was opened and read on 11 items of Portable Floor Riser Sections and 5 Trucks,
from the following firm: Masterson Distributing Company of San Antonio.
The foregoing bid was tabled for 48 hours as required by the City Charter and referred to
the City Manager for tabulation and recommendation.
Mayor Furman announced the pending item relative to the City of Ingleside's request that
the City of Corpus Christi relinquish its extraterritorial jurisdiction along portions of Corpus
Christi Bay.
Mr. Bob Spann, attorney for the City of Ingleside, appeared and restated the history of
controversies and confusion which have been generated as a result of the procedures taken on
annexation since 1957, and pointed out on a map the boundaries in question; stated that the
land in question is involved in Ingleside's annexation proceedings; that wavier of Corpus Christi's
*See Page 14
1
Minutes
Regular Council Meeting
December 21, 1966
Page 2
jurisdiction is required before annexation could take place; that the area of potential industrial
use had been excluded from Ingleside's request as stated in a new resolution, and that it is hoped
that the action, as proposed in said resolution, will enable the community and the area as a
whole to work together for the orderly growth and prosperity for all concerned; that when origi-
nally proposed to the City, Ingleside's request drew comments of concern from the Nueces County
Navigation District that annexation of deep water frontage would hurt the waterfront area as a
potential site for industry, hence, the exclusion of this area from the request. Mr. Spann further
described in detail the boundaries proposed in the resolution, and stated that the end of the
calendar year is drawing near, and urged the Council's serious consideration with the view to
taking immediate action on the new resolution as submitted. (Council Exhibit 411)
Comments from members of the Council indicated that it is their feeling that some potential
industrial land was still included in the area over which Ingleside is requesting that Corpus
Christi relinquish its jurisdiction, and it was suggested that it should be presented again after
officials of Ingleside, Corpus Christi, Aransas Pass and the Navigation District could convene
and discuss potential development of the area
Motion by McDaniel, seconded by Dunne and passed that Ingleside's request that Corpus
Christi relinquish its extraterritorial jurisdiction over a section of land along the north side of
Corpus Christi Bay, be denied, and that it be presented again after officials of Ingleside, Corpus
Christi, Aransas Pass and the Navigation District meet and discuss the potential development of
the area in question.
Mayor Furman announced the pending item on assessments for the proposed sidewalk improve-
ments in and around certain schools, on which a public hearing was held December 14, 1966.
City Manager Whitney stated that after consideration of objections and statements inter-
posed at the hearing in connection with the original proposal to construct sidewalks on Santa Fe
from Minnesota to Rossiter, an ordinance has been prepared which appears on today's agenda which
deletes this section of the improvements proposed in the ordinance.
Mayor Furman called for the City Manager's Reports.
Minutes
Regular Council Meeting
December 21, 1966
Page 3
Motion by Blackmon, seconded by Dunne and passed that the City Manager's Reports be
accepted, and that the recommendations and requests be approved and granted as follows:
a. That the Plans and Specifications for construction of Sanitary Sewer facilities for
the Hudson Acres-McNorton Area, be approved, and that authority to advertise for bids to be
received January 18, 1967 be granted;
b. That the Plans and Specifications for the proposed Flour Bluff Sewage Treatment
Plant, be approved, subject to approval of the U. S. Public Health Service,and that authority
to advertise for bids to be received on a date to be set later, be granted;
c. That the Plans and Specifications for the proposed Marina Improvements, Unit VI,
be approved, and that authority to advertise for bids to be received on January 11, 1967, be
granted;
d. That the Plans and Specifications for the construction of the proposed Police Building,
be approved, and that authority to advertise for bids to be received on January 18, 1967, be
granted;
e. That the Engineering Contract with Lockwood, Andrews and Newnam, dated November
1, 1966, be amended to include also the design of plans and specifications for water line renewals
and relocations on Airline Road, required in connection with the proposed street improvements,
and authorizing appropriation in the amount of $5,000 for engineering fees;
f. That the award of contract for the construction of the Leopard -Westchester Storm Sewer
be made to F. M. Thornton in the amount of $147,831.65 on the basis of alternate bid, and
that a total appropriation in the amout of $153,000 including contingencies, be approved;
g. That acceptance and final payment of Estimate No. 2 in the amount of $4,999.95,
previously appropriated, representing the balance due the contractor, Fisher and Winfield for
completion of construction of the Cole Park Storm Sewer Extensions, be approved;
h. That the award of contract for the construction of the Doddridge Street Improvements,
Staples to Topeka, be made to King Construction Company on the basis of low bid, and that
an appropriation in the total amount of $95,000.00, of which amount $87,801 .10 is for the
construction contract and $7, 198.90 is for contingencies, including engineering, laboratory
testing and legal advertising cost, be approved;
Minutes
Regular Council Meeting
December 21, 1966
Page 4
That the acceptance and final payment of Estimate No. 2 in the amount of $23,306.98,
representing the balance due the contractor, F , M, Thornton for completion of Gravity Sewer
Line A, of the Hudson Acres-McNorton Sewer Extensions, be approved;
That the authority to advertise for bids on 8 Air Conditioned Buses for the Transit
System to be received January 11, 1967, be granted;
k. That an agreement with the Corpus Christi Independent School District for the con-
struction of Improvements along McArdie Road and providing drainage facilities for lands
abutting on McArdle Road between Greenwood Drive and State Highway 286, be authorized
I . That the bid award for construction of a Chain Link Fence located at the Holly Road
Reservoir be made to Kuykendall Fence Building & Supply Company in the amount of $2,328.78,
on the basis of low bid meeting specifications; (Bid Tabulation #66-54)
m, That the sale of a tract of City -owned land, 60 feet by an average of 102,54 feet,
located at the intersection of Santa Fe and Aberdeen Street, to the low bidder, Edens Con-
struction Company, Inc., for the sum of $2,200,00 be authorized;
n , Thai the award of contract for the construction of Unit ll Storm Sewers in the West-
port Area, be mode to F M. Thornton on the basis of low bid meeting specifications, and that
appropriation in the total amount of $61.,000,00, of which amount $57,895075 is for the con-
s*ruction contract, and $3,104,25 is for contingencies, including engineering, laboratory and
legal advertising, be approved;
o, That the application of Southland Royalty Company to drill Well ff1 in State Tract
No. 70, Corpus Christi Bay, 660' from the northwest line and 660' from the southwest line of
State Tract 70, in a prescribed cluster area, to a total depth of 10,000 feet, submitted with
all requirements complied with and approved by the Bay Drilling Committee; be approved as
applied for;
p. That the sum of $1,127,00 retained because of the claim of Southern Pacific Rail-
road against Womack and Manning, contractors. under their contract dated October 13, 1965,
be releosed to the contractor by reason of the fact that the Hartford Insurance Group has
ossumed responsibility for defending the claim and payment of such amounts as may be recovered
against the contractor,
Minutes
Regular Council Meeting
December 21, 1966
Page 5
Cily Manager Whitney called to the attention of the Council Item "b" relative to approval
of Plans & Specifications for the Flour Bluff Sewage Treatment Plant, and stated that the original
plans carry the facility up to the intersection of Glenoak & Waldron Road, but that it is recom-
mended that in order to adequately serve the Flour Bluff School Plant, a sewer line should be
extended northward on Waldron Road to the northern boundary of the School Property.
Motion by Blackmon, seconded by Dunne and passed that the foregoing recommendation
be approved
ORDINANCE NO. 8279
DETERMINING THE NECESSITY FOR AND ORDERING THAT A PORTION OF DODDRIDGE
STREET, FROM STAPLES TO TOPEKA STREET, BE IMPROVED; REQUIRING THE DIRECTOR
OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS FOR THE PRO-
POSED IMPROVEMENTS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE
OFFICE OF THE COUNTY CLERK OF NUECES COUNTY OF THE ACTION HEREIN; PRO-
VIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by the following
vote: Furman, Blackmon, Dunne, .Jimenez, McDaniel , Sizemore and Wallace present and
voting "Aye"
ORDINANCE NO, 8280
APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC WORKS' WRITTEN STATEMENT
AND REPORT OF THE ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENTS OF
THAT PORTION OF DODDRIDGE FROM STAPLES TO TOPEKA; DETERMINING AND FIXING
THE PORTION OF SAID COSTS TO BE PAID BY AND ASSESSED AGAINST ABUTTING PRO-
PERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI, TEXAS;
DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING
PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD JANUARY 18, 1967, TO
GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS
AND THE CHARTER Of THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by the following
vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and
voting "Aye"
ORDINANCE NO. 8281
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY
OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH F. M. THORNTON FOR CONSTRUC-
TION OF THE LEOPARD-WESTCHESTER STORM SEWER, PROJECT NO. 295-64-27; APPROPRI-
ATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $153,000.00, OF WHICH
AMOUNT $147,841.65 IS FOR THE CONSTRUCTION CONTRACT AND $5, 158.35 IS FOR
CONTINGENCIES, INCLUDING ENGINEERING, LABORATORY TESTING AND LEGAL
ADVERTISING COSTS; AND DECLARING AN EMERGENCY.
Minutes
Regular Council Meeting
December 21, 1966
Page 6
The Charter rule was suspended and the foregoing ordnance was passed by the following
vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and
voting "Aye"
ORDINANCE NO, 8282
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE
CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH F. M. THORNTON FOR
THE CONSTRUCTION OF WESTPORT AREA STORM SEWERS,UNIT II, PROJECT NO.
295-64-42; APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM
OF $61,000.00 OF WHICH AMOUNT $57,.895.75 15 FOR THE CONSTRUCTION CON-
TRACT AND $3,10425 IS FOR THE CONTINGENCIES INCLUDING ENGINEERING,
LABORATORY TESTING AND LEGAL ADVERTISING COSTS; AND DECLARING AN
EMERGENCY
The Charter rule was suspended and the foregoing ordinance was passed by the following
vote. Furman, Blackmon, Dunne, Jimenez, McDaniel, Siz.emore and Wallace present and
voting "Aye" .
ORDINANCE NO. 8283
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF 1 H
CITY OF CORPUS CHRISTI . TO EXECUTE A CONTRACT WITH KING CONSTRUCTION
COMPANY FOR CONSTRUCTION OF THE DODDRIDGE STREET IMPROVEMENTS, STAPLES
TO TOPEKA; APPROPRIATING OUT OF NO. 220 STREET BOND FUNDS THE SUM OF
$95,000.00, OF WHICH $87,801.10 IS FOR THE CONSTRUCTION CONTRACT AND
$7,198.90 IS FOR CONTINGENCIES, INCLUDING ENGINEERING, LABORATORY TEST-
ING, EXPERT WITNESS FEES AND LEGAL ADVERTISING COSTS; AND DECLARING AN
EMERGENCY,
The Charter rule was suspended and the foregoing ordinance was passed by the following
vole' Furman, Blackmon ,Dunne, Jimenez, .McDaniel, Sizemore and Wallace present and
voting "Aye"
ORDINANCE NO. 8284
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE
CITY OF CORPUS CHRISTI, 10 EXECUTE A CONTRACT WITH STANLEY ORION & KEISEL,
INC.. FOR CONSTRUCTION OF UNIT Ili, SIDEWALKS FOR SCHOOLS, PROJECT NO.
220-64-66; APPROPRIATING OUT OF NO, 220 STREET BOND FUND THE SUM OF 552,000,
OF WHICH AMOUNT $47,381 .15 IF FOR THE CONSTRUCTION CONTRACT AND $4,618.85
IS FOR CONTINGENCIES INCLUDING ENGINEERING, LABORATORY, EXPERT WITNESS
AND LEGAL ADVERTISING COSTS; AUTHORIZING THE ISSUANCE OF A CHANGE ORDER
FOR ADDITIONAL SIDEWALK CONSTRUCTION, INCLUDING ON SANTA FE FROM
MINNESOTA. TO ROSSITER AND/OR ROSSITER FROM SANTA FE TO ALAMEDA; AND
DECLARING AN EMERGENCY.
Minutes
Regular Council Meeting
December 21, 1966
Page 7
The Charter rule was suspended and the foregoing ordinance was passed by the following
vote. Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and
voting "Aye".
ORDINANCE NO, 8285
AUTHORIZING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS
CHRISTI, TO EXECUTE AN AMENDMENT TO THE CONTRACT FOR ENGINEERING SERVICES
WITH LOCKWOOD, ANDREWS AND NEWNAM, DATED NOVEMBER 1, 1966, AUTHORIZED
BY ORDINANCE NO, 8039, BY INCREASING THE SCOPE OF THE CONTRACT TO INCLUDE
ALSO THE DESIGN OF PLANS AND SPECIFICATIONS FOR WATER LINE RENEWALS AND
RELOCATIONS ON AIRLINE ROAD, DESIGNATED AS CITY PROJECT NO. 202-59- 26,
REQUIRED IN CONNECTION WITH THE PROPOSED STREET IMPROVEMENTS ON AIRLINE
ROAD; APPROPRIATING OUT OF NO, 202 WATER SYSTEM BOND FUND THE SUM OF
$5,000 FOR ENGINEERING FEES; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by the following
vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and
voting "Aye':
ORDINANCE NO. 8286
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE
CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE CONSTRUCTION OF IMPROVE-
MENTS ALONG McARDLE ROAD AND PROVIDING DRAINAGE FACILITIES FOR LANDS
ABUTTING ON McARDLE ROAD BETWEEN GREENWOOD DRIVE AND STATE HIGHWAY 286,
ALL AS SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF; AND DECLARING AN EMERGENCY,
The Charter rule was suspended and the foregoing ordinance was passed by the following
vote; Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and
voting "Aye"
ORDINANCE NO. 8287
RECEIVING AND ACCEPTING THE CONSTRUCTION OF COLE PARK STORM SEWER EXTEN-
SIONS AS PERFORMED BY THE CONTRACTOR, FISHER AND WINFIELD, UNDER THEIR CON-
TRACT DATED OCTOBER 26, 1966, AUTHORIZED BY ORDINANCE NO, 8223; AUTHORIZING
PAYMENT OF FINAL ESTIMATE NO. 2 DATED DECEMBER 9, 1966, IN THE AMOUT OF
$4,99995, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID
PAYMENT TO BE MADE FROM NO, 102 GENERAL FUNDS PREVIOUSLY APPROPRIATED IN
PARK CONSTRUCTION ACTIVITY 4122; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by the following
cote Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and
voting "Aye"
Minutes
Regular Council Meeting
December 21, 1966
Page 8
ORDINANCE NO, 8288
ESTABLISHING THE MUNICIPAL ARTS COMMISSION OF THE CITY OF CORPUS CHRISTI;
PRESCRIBING THE DUTIES AND FUNCTIONS THEREOF; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by the following
vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and
voting "Aye" .
ORDINANCE NO, 8289
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON
THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565,
ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME
TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO, 6106, AS AMENDED,
UPON APPLICATION OF MRS. EDITH SHIELDS,BY GRANTING A SPECIAL PERMIT ON
LOT 6, BLOCK 4, GREEN ACRES VILLAGE NO, 1, AN ADDITION TO THE CITY OF
CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE OPERATION OF A ONE -CHAIR,
ONE -OPERATOR BEAUTY SHOP, SUBJECT TO THE CONDITIONS HEREINAFTER SET OUT;
KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance failed to pass by the following
vote, Furman, Dunne, Jimenez present and voting "Aye" . Blackmon and McDaniel voting "Nay",
with Sizemore and Wallace abstaining.
ORDINANCE NO, 8290
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON
THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565,
ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO
TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO, 6106, AS AMENDED UPON
APPLICATION OF MRS. HELEN BOYAJLAN ISAAC, BY AMENDING THE ZONING MAP BY
CHANGING THE ZONING OF LOT 1, BLOCK 2, TEMPLE ADDITION, AN ADDITION TO
THE CITY OF CORPUS CHRISTI, NUECES COUNTY,TEXAS, FROM "R -1B" ONE -FAMILY
DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT, SUBJECT TO THE
CONDITIONS HEREINAFTER SET OUT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF
THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; AND DECLARING AN EMERGENCY,
The Charter rule was suspended and the foregoing ordinance was passed by the following
vote Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and
voting "Aye" ..
ORDINANCE NO. 8291
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY
OF CORPUS CHRISTI, TO CONVEY TO EDENS CONSTRUCTION COMPANY, INC., A TRACT
OF LAND 60 FEET BY AN AVERAGE OF 102.54 FEET BEING A PORTION OF A CERTAIN
Minutes
Regular Council Meeting
December 21, 1966
Page 9
TRACT ACQUIRED FOR A SANITARY SEWER LIFT STATION DESCRIBED AS LOT A, BLOCK 3,
LIVINGSTON PARK SUBDIVISION, LOCATED AT THE INTERSECTION OF ABERDEEN AVENUE
AND SANTA FE STREET; AND DECLARING AN EMERGENCY
The Charter rule was suspended and the foregoing ordinance was passed by the following
vote; Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and
voting "Aye'
ORDINANCE NO. 8292
CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING
UPON THE HEREINAFTER NAMED STREETS IN THE CITY OF CORPUS CHRISTI, TEXAS, TO -
WIT:
1 BALBOA STREET FROM HIDALGO TO PINE,
2. MARY STREET FROM 201H TO SOUTH PORT,,
3. NORTON AND CASA GRANDE STREETS AT CASA LINDA PARK,
4. PRESCOTT STREET FROM CROSSTOWN EXPRESSWAY TO CUNNINGHAM SCHOOL,
5. BURTON LANE FROM WILLIAMS DRIVE TO CAIN,
6. ANTELOPE AND CARANCAHUA STREETS AT POST OFFICE,
7, McARDLE ROAD FROM NILE DRIVE TO ZARSKY,
8. HORNE ROAD FROM PRESCOTT TO CROSSTOWN EXPRESSWAY,
9. HUDSON STREET FROM SHAW TO CHULA VISTA SCHOOL„
10, WILLIAMS DRIVE FROM STAPLES TO EVERHART,
11. CARROLL LANE FROM McARDLE ROAD 700' SOUTH TOWARD PADRE ISLAND
DRIVE,
12. CAIN DRIVE FROM BURTON LANE TO SOUTH STAPLES STREET,
13. ROSSITER STREET FROM SANTA FE TO ALAMEDA,
AS TO THE SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE
OWNERS THEREOF BY VIRTUE OF THE CONSTRUCTION OF SIDEWALKS THEREON, DESIG-
NATED AS SIDEWALK IMPROVEMENTS, UNIT Ili, AND AS TO ANY ERRORS, INVALIDITIES
OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR; FINDING
AND DETERMINING THAT EACH ANDEVERYPARCELOF PROPERTY WITHIN THE LIMITS
DEFINED WILL BE SPECIALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF THE
AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS, ASSESSED
AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND
LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF CON-
STRUCTING SAID SIDEWALKS WITHIN THE LIMITS DEFINED; FIXING A CHARGE AND LIEN
AGAINST ALL SAID ABUTTING PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF;
PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION
AND ACCEPTANCE OF SAID IMPROVEMENTS, THE MANNER AND TIME OF PAYMENT
THEREOF, AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID
ASSESSMENTS AND CERTIFICATES; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by the following
vote Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and
voting "Aye"
ORDINANCE NO, 8293
THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN OIL, GAS AND
Minutes
Regular Council Meeting
December 21, 1966
Page 10
MINERAL LEASE ON LOTS 9AND 10, SECTION 21, FLOUR BLUFF AND ENCINAL FARM AND
GARDEN TRACTS, NUECES COUNTY, TEXAS, TO LEONARD R. SAYERS, FOR A 5 -YEAR TERM,
ALL AS MORE FULLY SET FORTH IN THE LEASE, A COPY OF WHICH IS ATTACHED HERETO
AND MADE A PART HEREOF, IN ACCORDANCE WITH THE BID OF SAID LEONARD R. SAYERS,
FOR THE CASH CONSIDERATION OF $515, IN ADDITION TO ALL OTHER CONSIDERATIONS
SET OUT IN THE AFORESAID LEASE, PLUS THE PUBLICATION COSTS AS PROVIDED BY
CHARTER.
The foregoing ordinance was read for the third time and passed finally by the following
vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and
voting "Aye" .
SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE,
1958, AS AMENDED, BY AMENDING CHAPTER 21, ARTICLE I, BY ADOPTING REGULATIONS
CONCERNING RIDERS OF MOTORCYCLES, MOTOR SCOOTERS OR MOTORIZED BICYCLES,
REQUIRING CERTAIN EQUIPMENT TO BE USED BY THE DRIVERS OF SUCH MOTORIZED
VEHICLES; AMENDING CHAPTER 36, ARTICLE II, BY ADDING TO SECTION 36-91 A NEW
SUBPARAGRAPH TO BE NUMBERED (g), REQUIRING CERTAIN EQUIPMENT TO BE FURNISHED
BY PERSONS RENTING MOTORCYCLES, MOTOR SCOOTERS OR MOTORIZED BICYCLES;
PROVIDING FOR PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLI-
CATION.
The foregoing ordinance was read for the second time and passed on to its third reading
by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace
present and voting "Aye" .
Mr. Farrell M. Smith, attorney, appeared on behalf of a group of motorcycle and motor-
bike rental firms and requested that the third reading of the proposed ordinance appearing on
the agenda as Item "0", regarding regulations of riders of motorcycles, etc., be deferred in order
to allow them additional time to prepare arrguments in opposition to certain sections of the
ordinance.
Motion by Blackmon, seconded by Wallace and passed that the foregoing request be granted,
and that the third and final reading of the ordinance relative to regulations of motorcycles, etc.,
be deferred until January 18, 1967.
THIRD READING OF AN ORDINANCE AMENDING SECTION 24-55 OF THE CORPUS CHRISTI
CITY CODE, 1958, AS AMENDED, DEALING WITH OPERATIONS FOR PRODUCTION OF OIL
AND GAS, BY SUBSTITUTION OF THIS ORDINANCE AND REPEALING SECTION 7 OF ORDI-
NANCE NO. 2818 PASSED AND APPROVED ON JULY 11, 1950, ORDINANCE NO. 2953,
PASSED AND APPROVED ON DECEMBER 19, 1950, ORDINANCE NO. 7201, PASSED AND
APPROVED ON APRIL 22, 1964, AND ORDINANCE NO. 7715, PASSED AND APPROVED
ON SEPTEMBER 8, 1965, ORDINANCE NO. 7983, PASSED AND APPROVED ON APRIL 20,
1966, ORDINANCE NO. 7999, PASSED AND APPROVED ON APRIL 27, 1966, AND ORDI-
NANCE NO. 8045, PASSED AND APPROVED ON JUNE 1, 1966, EACH OF WHICH AMENDED
Minutes
Regular Council Meeting
December 21, 1966
Page 11
SAID SECTION 7 OF SAID ORDINANCE NO. 2818 (SECTION 24-55 CORPUS CHRISTI CITY
CODE, 1958, AS AMENDED) 50 AS TO PROVIDE SPECIAL PROVISIONS RELATIVE TO CORPUS
CHRISTI BAY, NUECES BAY AND LAGUNA MADRE; DELETING SECTION 24-55 FROM THE
CORPUS CHRISTI CITY CODE EXCEPT TO RECITE: THIS SECTION HAS BEEN AMENDED AND
NOW EXISTS IN THE FORM OFA SEPARATE ORDINANCE.
Motion by Dunne, seconded by Jimenez and passed that the foregoing ordinance, read
for the first time on October 12, 1966, and on second reading on October 19, 1966, be and
the same is hereby amended in accordance with recommendations submitted by City Attorney
Singer, and concurred in by the Bay Drilling Committee, as follows:
1. Wherever reference is made to City Secretary or Engineer that the same be changed to
"City Petroleum Superintendent" or "Superintendent", except where reference is made for notice
of appeal, as set forth in Section 21.6.
2. Subsection 6.3 be changed by changing the last sentence so as to hereafter read:
"Any relief well not completed as a producing well within six months after commencement of
drilling operations, unless an extension is obtained from the City Council, shall be plugged and
abandoned . Extensions not exceeding a six-month period may be granted by the City Council" .
3. Section 7, change the caption to hereafter read as follows:
"Section 7. Location of wells and surface structures in Laguna Madre and in
Corpus Christi Bay outside the Bay Park and Recreation Area ."
4. Subsection 7.3 be changed by changing the last sentence so as to hereafter read:
"No permit shall be necessary with respect to any rig, barge, piling or other structures
or equipment used in the drilling, completing, re -working, cleaning, repair or testing of a well
for which a valid and subsisting permanent permit shall have been issued hereunder, provided
notice of such operation shall have been given to the City Petroleum Superintendent within
seventy-two (72) hours and provided that any such structure or equipment shall be removed within
thirty (30) days after completion of the well or completion of the workover, cleaning, testing or
repairing, said thirty (30) day period to be automatically extended for a reasonable period of
time if forces beyond the reasonable control of lessee prevent removal within said period,
provided, that before the expiration of said period, lessee shall notify the City Petroleum Superin-
tendent of its inability to comply with this provision and the reasons therefor."
Minutes
Regular Council Meeting
December 21, 1966
Page 12
5. Subsection 7.4 (IH) be changed so as to hereafter read:
"(111) The granting of such exception would not be unduly inimical to the general
pattern of spacing of well surface structures established by this Section 7 and would not other-
wise be potentially detrimental to the public health, safety or welfare. Any relief well not
completed as a producing well shall be plugged and abandoned within six (6) months of com-
mencement of drilling operations unless an extension is obtained from the City Council ."
6. Subsection 7.7 be changed by adding thereto the following sentences:
"The rules adopted as of the effective date of this ordinance are as follows: (1)
Within such two-mile area, Christmas trees shall be located as low upon the water, and shall
be of the minimum height required, in order to permit them to serve the functions for which
installed, comply with regulations of applicable governmental bodies, and consistent with
accepted safety standards. (2) Well protective structures shall be no taller than the Christmas
tree they protect and shall be no wider than reasonably required in order to perform the function
for which designed and to meet reasonable operating requirements."
7. Subsection 9.2 be changed by adding thereto the following sentence:
"Any relief well not completed as a producing well shall be plugged and abandoned
within six (6) months of commencement of drilling operations unless an extension is obtained
from the City Council .
8. Subsection 14.1 be changed so as to hereafter read:
"All parts of well surface structures, located above water in the area covered by this
Ordinance and composed of materials generally painted in accordance with customary marine
industrial standards shall be painted a conspicuous color unless another color is designated by
resolution of the Council, and shall be repainted at sufficiently frequent intervals to maintain
same in good condition. All production platforms and other structures and facilities, excepting
well surface structures, located above water in the area covered by this ordinance and composed
of materials generally painted in accordance with customary marine industrial standards shall be
painted an inconspicuous color unless another color is designated by resolution of the Council,
and shall be repainted at sufficiently frequent intervals to maintain same in good condition."
Minutes
Regular Council Meeting
December 21, 1966
Page 13
9. Subsection 19.13 be changed so as to hereafter read,
"When a leak occurs in a pipeline or flow line, the flow of substance therein will be
stopped as soon as possible after being detected, and will continue to be stopped until repairs
have been effected in the most expedient manner to prevent pollution and hazard."
10. Subsection 20.2 be changed so as to hereafter read:
"No permit shall be issued except upon application by the owner or owners of the
property right to which the permit relates. No application shall apply for more than one permit
and no permit shall cover more than one subject matter. All applications for permits and permits
shall be in the form prescribed in the Exhibits to this Ordinance and shall contain the informa-
tion and Exhibits required by this Ordinance. Such forms may be changed from time to time by
amendment of this Ordinance. All applications for permits shall be signed and sworn to before
a notary public by the applicant or some representative of the applicant having due and legal
authority to enter into contracts binding upon the applicant. All applications for permits shall
be filed in duplicate with the Superintendent. All applications for permits to drill a well or
erect a production platform shall be accompanied by a filing fee of $500.00; all applications
for permits for other purposes and all temporary permits shall be accompanied by a fee of $100.00.
A fee paid for a temporary permit shall be credited on the fee charged for a permanent permit in
event a temporary permit is applied for conversion to a permanent permit. All applications shall
contain an agreement by the applicant to provide boat transportation during normal working hours
for the Superintendent or any other duly authorized City official or employee for the purpose
of inspecting wells or the facilities for which the permit is requested, with the understanding
that the furnishing of such transportation shall create no extra duty of care.,"
11. Subsection 21.10 be changed so that the second sentence therein shall hereafter read
as follows:
"A notice of transfer shall be filed with the Superintendent"
12. Subsection 24.1 be changed so that the second sentence therein shall hereafter read
as follows:
The permittee shall promptly notify the Superintendent in writing whenever such
Minutes
Regular Council Meeting
December 21, 1966
Page 14
permit should be relinquished under the provisions of this Section."
ORDINANCE NO, 8294
THIRD READING OF AN ORDINANCE AMENDING SECT?ON 24-55 OF THE CORPUS CHRISTI
CITY CODE, 1958, AS AMENDED, DEALING W1TH OPERATIONS FOR PRODUCTION OF OIL
AND GAS, BY SUBSTITUTION OF THIS ORDINANCE AND REPEALING SECTION 7 OF ORDI-
NANCE NO. 2818, PASSED AND APPROVED ON JULY 11, 1950, ORDINANCE NO. 2953,
PASSED AND APPROVED ON DECEMBER 19, 1950, ORDINANCE NO, 7201, PASSED AND
APPROVED ON APRIL 22, 1964, AND ORDNANCE NO. 7715, PASSED AND APPROVED
ON SEPTEMBER 8, 1965, ORDINANCE NO. 7983, PASSED AND APPROVED ON APRIL 20,
1966, ORDINANCE NO, 7999, PASSED AND APPROVED ON APRIL 27, 1966, AND ORDI-
NANCE NO. 8045, PASSED AND APPROVED ON JUNE 1, 1966, EACH OF WHICH AMENDED
SAID SECTION 7 OF SAID ORDINANCE NO, 2818 (SECTION 24-55 CORPUS CHRISTI CITY
CODE, 1958, AS AMENDED) SO AS TO PROVIDE SPECIAL PROVISIONS RELATIVE TO CORPUS
CHRISTI BAY, NUECES BAY AND LAGUNA MADRE; DELETING SECTION 24-55 FROM THE
CORPUS CHRISTI CITY CODE EXCEPT TO RECITE: THIS SECTION HAS BEEN AMENDED AND
NOW EXISTS IN THE FORM OF A SEPARATE ORDINANCE,
The foregoing ordinance was read for the third time and passed finally by the following
vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and
voting "Aye" .
ORDINANCE NO. 8295
RECEIVING AND ACCEPTING CONSTRUCTION OF GRAVITY SEWER LINE A OF THE HUDSON
ACRES-McNORTON SEWER EXTENSIONS, PROJECT NO, 250-64-49, AS PERFORMED BY THE
CONTRACTOR, F, M. THORNTON, UNDER CONTRACT DATED SEPTEMBER 7, 1966, AUTHOR-
IZED BY ORDINANCE NO, 8160; AUTHORJZING PAYMENT OF FINAL ESTIMATE NO2,
DATED DECEMBER 19, 1966, IN THE AMOUNT OF $23306.98, A COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF, SAID PA"MENT TO BE MADE FROM NO.
250 SANITARY SEWER BOND FUNDS PREV1OUSLy APPROPRIATED; AND DECLARING AN
EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by the following
vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Simmore and Wallace present and
voting "Aye" .
* Motion by Jimenez, seconded by Blackmon and passed that the Minutes of the Regular
Council Meeting of December 14, 1966, relative to Application # 1166-1, Mrs. Helen Boyajian
Isaac, for change of zoning from "R-18" One -family Dwelling District to "B-1" Neighborhood
Business District on Lot 1, Block 2, Temple Addition, be corrected to read "be granted, but
forbidding the sale of alcoholic beverages on the premises," and that Ordinance No. 8290 be
corrected accordingly.
Minutes
Regular Council Meeting
December 21, 1966
Page 15
Mr. Sheridan C. Lewis, president of Southern Coast Corporation and Southern Community
Gas Company, appeared and read a five page letter in which he requested that the Council
reverse its endorsement of Choke Canyon as the site for a new reservoir in the Lower Nueces
River Watershed, which endorsement was made official September 12, of this year. Mr. Lewis
stated that several years ago he had fought a "bruising and losing battle" for a dam at Calallen,
when the Weasley Seal Reservoir site was chosen. Mr. Lewis' recommendations were (1) that
the City make no commitment, expressed or implied, to build the Choke Canyon Dam, nor make
application to the Texas Water Right Commission to build the Choke Canyon Dam; until (2) a
proper legal form is submitted in the form of an amendment to the City Charter, the effect of
which is to remove the existing requirements that all utility contracts must have limited terms
and must be approved by Corpus Christi voters; (3) authorization to modify and to eliminate
the existing provision and requirement that all water sales contracts must be approved by the
City and the Lower Nueces Water District; and (4) that in proper legal form a provision be
made giving the voters the privilege of voting either for the Calallen area darn, or the Choke
Canyon, with the ballot reflecting only the estimated cost of the respective dams and the water
yield.
Mr. Lewis expressed his trust in the honesty and sincerity of the Council to seek the proper
solution to the water problem and requested it give its usual careful consideration to the foregoing
recommendations; and further stated, that all should be anxious that the dam issue will not be-
come an issue in the forthcoming City Election. (Council Exhibit #12)
Mayor Furman announced the Council would recess for a brief period before the scheduled
public hearing in connection with a request for a Cable Television. Service Franchise.
Mayor Furman reconvened the meeting and announced the public hearing on a request of
W. C. Cunningham, President of Castel Corporation, for a franchise to operate a cable television
service in the City of Corpus Christi, and explained the procedure to be followed .
Mayor Furman recognized Mr. Bruce Collins, Sr.. of Corpus Christi Theatres, Inc., who
was present and stated that he wished to withdraw a pending request filed in 1957, for the reason
that it has since been determined that Corpus Christi is adequately served by three television
Minutes
Regular Council Meeting
December 21, 1966
Page 16
stations, and requested that the records reflect his opposition to the granting of the franchise in
question.
Mr. Cunningham, spoke in behalf of his application, stating that the Castel Corporation
had applied for a franchise to operate cable television in Corpus Christi many years ago. He
stated his company has an agreement with the General Electric Cablevision Corporation, a
wholly-owned subsidiary of the General Electric Company, to develop a cable television system
in Corpus Christi and that it was a firm commitment; that General Electric has agreed to provide
both technical and financial support for the construction of the system; that General Electric's
technical knowledge and experience will assure Corpus Christi the finest CATV plant in the
United States, and that Corpus Christi is fortunate to have an industry such as General Electric
to make a substantial investment of $4 million which will be an industrial asset for the community;
that his company will not be involved in selling advertising or in television sales or service; that
regulations of the Federal Communications Commission will prohibit cable television from beaming
programs at the same time as they are being shown by local stations. He further stated that the
citizens have a right to a choice, that if they want to pay for television it should be left to
their choice, and that "a wall should not be built around the City" . Mr. Cunningham further
stated that in addition to bringing in programs from large areas such as San Antonio and Houston,
cable television would be ari asset to the local school systems.
Mr. Harvie Branscomb, Jr. and Harry Marks, attorney's representing General Electric
Corporation appeared and stated that General Electric officials had visited Corpus Christi and
were pleased at what they saw in view of the economic future of the City, and were ready to
provide this major industry; that there are only two questions for the Council to decide , "Will
Corpus Christi have CATV, and if so, will it grant a franchise to Castel Corporation?" He
stated that some eight million Americans in 2,000 communities have cable television; that the
longer the City postpones a decision the longer it will be without the facility; that there are
now pending before the Federal Communications Commission 141 applications for hearing; that
the proposed ordinance filed with the Council by Castel Corporation, provides that Castel
would pay the City annually 4 per cent of gross receipts or $5,000, whichever was greater,
and that the rate schedule calls for a monthly service charge of $5 to customers and a $15
Minutes
Regular Council Meeting
December 21, 1966
Page 17
connection chage; that the franchise would be non-exclusive which is the only type that
the Council can approve and that the maximum time for which a franchise can be awarded without
public vote is five years.
Mr. Ed Harte, Publisher of Corpus Christi Caller -Times, stated that if it is the intention
of the Council to permit cable television to operate in Corpus Christi that his firm could be
considered a serious applicant; that he has a letter on file of intent to make a presentation and
asked the chance to make a comparative presentation if the Council's decision is for cable
television.
Mr. Walter Lewright, attorney, stated that the Council should first make a policy
determination and that until this is done there is no reason to continue with the application
which is the subject of today's hearing; that he has a firm that is interested in making an appli-
cation if the policy is to permit cable television.
No one else appeared in support of the foregoing application.
Mr. Vann M. Kennedy, President and General Manager of KZTV, Channel 10, moderated
the opposition, and introduced the following speakers:
Mr. Joe Garza, appeared, read and filed with the City Secretary, a letter signed by
officials of the Mexican Chamber of Commerce, as opposing the application. The letter stated
that it is the belief of this organization that CATV is a prelude to pay television, which is a
service that can only be afforded by an affluent few and will definitely be a burden on many
citizens who will be unable to afford the service; that there are thousands of members of the
Latin-American population who depend greatly on the type of television they have today for
their main source of entertainment; that it will cause a great hardship for many retail merchants,
placing them in competition with larger cities and being forced to adjust their standards to that
of cities such as Houston and San Antonio; and further, that they reccmmend that the City
Council of Corpus Christi delay issuing a CATV franchise until a definite national policy has
been established by the Federal Communications Commission and by the United States Supreme
Court.
Mr. Robert Chapman, President of a local advertising club in the City, appeared also
Minutes
Regular Council Meeting
December 21 , 1966
Page 18
representing Corpus Christi Theatres, Inc., who opposed the granting of a franchise for cable
television in the City, stating that the City is already adequately served by three local tele-
vision stations representing each of the major national networks and seven radio broadcasting
stations; that the introduction of cable antenna television would adversely affect the Corpus
Christi economy by diluting the audience of local advertisers, creating new competition from
outside the area; and that the Board of Directors are unanimously opposing the granting of any
franchise and that members have filed individual letters with the City stating reasons.
Mr. Leon Bernson, representing the Nueces County Farm Bureau, composed of some 1200
farm people, filed with the City a resolution opposing the application in question, stating that
the establishment of CATV television for the benefit of City residents will have a dire and
adverse effect on the farmer and his life on the farm; that free radio and free television will
suffer and free enterprise will falter.
Mr. Joe Monroe, appeared and stated that he represented twelve clients of retail accounts,
and that they opposed cable television for two main reasons, first that the City does not need it,
and second, we are adequately served by the already existing three television stations.
Mr. Dewitt Morgan, appeared representing the Downtown Business Men's Association and
stated that the Association wished to go on record as opposing the granting of the proposed CAN
franchise in Corpus Christi.
Mr. Jack Castleberry, spoke in behalf of Wicks Radio and TV Repair Service, and objected
to the proposed application for personal monetary reasons; that his sales would decrease tragically
as the sale of antennas represent approximately one-half of his sales profit.
Mr. Gabe Lozano, by letter, representing KCCT Radio Station, stated he was personally
opposed to Cable Television; that the City does not need it; that he feels the Latin population
of the community will not accept paying for Cable Television when they can choose free programs,
and that CATV will not contribute to the community in annual payrolls.
Mr. Hector de Pena, spoke representing International Radio Corporation and concurred in
the statements of Mr. Lozano, and that he was opposed to the establishment of CAN in Corpus
Christi .
Minutes
Regular Council Meeting
December 21, 1966
Page 19
Mr. Kennedy read a letter from Mr, Andy Cook, Station Manager of Radio Siltation KINE
of Kingsville, who was unable to attend this meeting, in which he voiced the opposition of
Station KINE, stating that CATV will actually impede the development of free enterprise
radio and television; that until both the courts, the Federal Communications Commission or the
Congress have created legislation to control its rapidly growing extension, the public interest
cannot be usefully served by local grants without adequate safeguards to the public and lime
local media. Mr. Kennedy also cited letters on file from Ed Stern, KEYS, and Robert Kent
of KCTA in opposition.
Mr. Art Thomas appeared and spoke in behalf of Radio Station KUNO, and stated that
the Latin American population is being adequately served by Spanish stations KUNO and
KCCT; that he had at one time been interested in a similar endeavor in the Valley, bet that he
had since removed his interests from this project.
Mr. StephenDeWalt spoke in behalf of KZFM Radio Station, stating that this is the only
FM station on the air in Corpus Christi at present but that the Federal Communications Commission
has issued a construction permit for another FM station, and the remaining two FM allocations
for the Corpus Christi area have been applied for; that the owners and operators of this station
are opposed to a Community Antenna System in Corpus Christi for the reason that it would
discourage further growth of FM radio which uses local labor, materials and equipment; that on
behalf of his stockholders he is asking the Council to defer any action on the subject application
at this time. Mr.DeWalt filed a letter signed by Mr. Wm. D. Balthrope, Executive V ice
President of KZFM opposing the application.
Mr. Robert Cutting spoke in behalf of KSIX and protested the granting of a franchise for
CATV, and cited a personal experience with suct an enterprise when he was associated with
another radio station in Tyler, Texas; stated that the establishment of CATV tends to force local
concerns into a price compromise.
Mr. Michael McKinnon, manager of K-tlii, Channel 3, stated that Mr, Cunningham's
application is "vague" and questioned whether the viewer would realize an additional service;
stated that everyone would not be served, but only those who could afford it; that cable tele-
Minutes
Regular Council Meeting
December 21, 1966
Page 20
vision would open the door to pay television; stated that eventually the public would have to pay
for such things as football bowl games, and predicted that CATV would buy the broadcast rights;
that Corpus Christi is now well served by three television stations representing the three major
networks, and that the quality of national programming could not be any better, Mr. McKinnon
further stated that he had tabulated the programs in San Antonio and Houston for a week, and
found they offered only two hours of programs out of 252 that could not be broadcast locally
by existing stations, and further stated that this must be weighed against the damage CAN
would do to the community economically.
Mr. Charles Nethery, spoke in behalf of KRIS, Channel 6, and stated that before a cable
television service can begin it must have a microwave permit from the Federal Communications
Commission and a contract from local utilities for use of their facilities; that KRIS is not
opposed to cable television if it can be shown that local programming would materially be
improved; engineering standards met; and if all the City is served and minimum rates to customers
are guaranteed.
Cecil Burney, attorney representing KZTV appeared and spoke at length on the legal status
of CATV, stating that in a test case in New York the District Court held that CAN`s picking up
signals of other stations, violates the copyright laws, and that any local action in advance of
final court determinations and rules that may be established by the Federal Communications
Commission or the Congress, would be premature.
Others appearing in opposition were Mr. Bill Mellon of Portland and Mr, Dan Hall represent-
ing Musac Corporation,
In a rebuttal statement, Mr. Cunningham stated to charges that we would be bringing in
"foreign signals" and "out of town advertising" which might lure shoppers out of this area, Mr.
Cunningham stated that Corpus Christi residents tune in on radio stations from all over Texas and
hear programs and advertising from other cities; that the people should be given a choice, and
stated that his revenues were down in the City of Alice because of opposition from Mr. Kennedy;
that he has made a "career of blocking him" and has cost him thousands of dollars.
Mr. Branscomb, stated that the operation of Castel Corporation, if given a franchise, will
Minutes
Regular Council Meeting
December 21, 1966
Page 21
be legal in all its operations; that it will attempt to establish confidence and will carry all local
programs, and that all they are requesting is that the people be given a chance to choose.
Mr. Kennedy, in rebuttal to Mr. Branscomb"s statement that there should be freedom of
choice, Mr. Kennedy stated that it is a choice at the expense of the broadcasting industry; that
they do not object to competition, but that a monopoly is hard to compete with, that they only
ask that they operate by and observe the same technical rule, aro he feels that they should pay
for their product. Mr. Kennedy added that without o microwave permit, "Castel is wasting the
Council's time by seeking a franchise" . ;""Council Exhibit HSC. 13'
No one else appeared in favor or in opposition to the foregoing application
Motion by Jimenez, seconded by Dunne and passed that the hearing be closed
Motion by Jimenez, seconded by Wal lace and passed that the request of Castel Corporation
for a cable television franchise in Corpus Christi be tabled for more consideration.
There being no further business to come before the Council, the meeting was adjourned